TNAG-0232-FCO40-268-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 74

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A number of things seem necessary

(1) Clarification of the right to strike by amendment of section 42 of

the Trade Union Registration Ordinance so as to protect all persons,

not merely trade unions.

(2)

(3)

(4)

Reversal of Rookes v. Barnard at least to the extent that the

Trade Disputes Act 1965 amended the law in England.

Abolition of the Illegal Strikes and Lockouts Ordinance except in

so far as it relates to strikes in public utilities. However, it

is beholden on Government to make sure that within these public

utilities there exists proper machinery for the settlement of disputes.

Amendment of the definition of intimidation in section 2 of the Trade

Union Registration Ordinance so as to restrict it to violence or the

threat of violence.

(5) Amendment of section 46 of the same Ordinance to permit (a) consumer

picketing, for it is surely a legitimate measure to try to persuade

clients and customers from patronising bad employers; and (b) the

stopping of vehicles coming into the picketed premises for the purpose

of peacefully persuading the driver and other occupants (e.g.,

blacklegs and scabs bought in by the employer) not to go in. The

precent law of picketing was not designed for the motor car age but ·

for a time when everyone went to work on foot.

(6)

(7)

+

Amendment of the Public Order Ordinance (a) to reduce the penalty for

unlawful assembly where the offence is committed by disorderly pickets;

and (b) to secure that the Commissioner of Police must have reasonable

grounds, which he must make known to the organisers, for prohibiting

any public gathering.

Instructions to the police not to intervene in industrial disputes

unless there is a grave danger to the public peace. Police action

can itself be provocative and it is of the utmost importance, not

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